Sen. Kimberly A. Lightford
Filed: 4/12/2016
 
 


 




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1
AMENDMENT TO SENATE BILL 237




2 AMENDMENT NO. ______. Amend Senate Bill 237 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Findings and purposes. 
5 (a) The General Assembly finds all of the following:
6  (1) Research suggests that school expulsion and 
7 suspension practices are associated with negative 
8 educational, health, and developmental outcomes for 
9 children.
10  (2) Recent studies have shown that the expulsion of 
11 children in early care and educational settings is 
12 occurring at alarmingly high rates, in particular among 
13 certain racial and gender groups. A nationwide study on 
14 preschool expulsion found that preschoolers were expelled 
15 at more than 3 times the rate of kindergarten through 
16 twelfth grade students.
17  (3) Recent data from the federal Department of 
 
 
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1 Education indicate that there are significant racial and 
2 gender disparities within this trend. African American 
3 boys make up 18% of preschool enrollment but 48% of 
4 preschoolers suspended more than once. Other research 
5 shows that while Hispanic and African American boys 
6 combined represent 46% of all boys in preschool, these 
7 children represent 66% of preschool boys suspended. Boys 
8 make up 79% of preschoolers suspended once and 82% of 
9 preschoolers suspended multiple times.
10  (4) A study completed in 2005 analyzing expulsion rates 
11 among states indicated that while this State reported the 
12 sixth-lowest expulsion rate of the 40 states surveyed, 
13 pre-kindergartners were expelled at a rate 3 times that of 
14 their older peers. A study conducted in 2002 in Chicago 
15 showed a high rate of expulsion, particularly in 
16 infant-toddler programs, with over 40% of child care 
17 programs asking a child to leave because of 
18 social-emotional and behavioral problems, with the most 
19 challenging behaviors being biting, hitting, and 
20 aggressive behavior.
21  (5) This State has recently improved expulsion and 
22 suspension practices in grades kindergarten through 12 
23 through Public Act 99-456, and the federal government has 
24 imposed new expulsion and suspension policy requirements 
25 on some federally funded early childhood programs. These 
26 protections are important but do not cover all children in 
 
 
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1 Illinois early learning programs.
2  (6) Access to infant and early childhood mental health 
3 consultants and positive behavior intervention and support 
4 have been shown to reduce and prevent expulsion and 
5 suspension in early care and education programs. Early 
6 childhood professionals also need training, technical 
7 assistance, and professional development support to ensure 
8 they are able to respond to the social-emotional needs of 
9 young children and to ensure successful student 
10 participation in programs.
11  (7) Nationally and in this State, insufficient data 
12 collection hinders the ability to gauge the prevalence of 
13 expulsion or suspension among children prior to school 
14 entry from a range of early learning programs.
15 (b) The purpose of this Act is to:
16  (1) severely limit the expulsion and suspension of 
17 young children in early care and education settings, 
18 preventing it whenever possible;
19  (2) ensure that early childhood professionals have the 
20 resources needed to support children's social and 
21 emotional health and address challenging behaviors; and
22  (3) develop systems to track expulsion and suspension.

23 Section 5. The School Code is amended by changing Sections 
242-3.71, 2-3.71a, and 10-22.6 as follows:




 
 
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1 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)


2 Sec. 2-3.71. Grants for preschool educational programs.
3 (a) Preschool program.


4  (1) The State Board of Education shall implement and 
5 administer
a grant program under the provisions of this 
6 subsection which shall
consist of grants to public school 
7 districts and other eligible entities, as defined by the 
8 State Board of Education, to conduct voluntary
preschool

9 educational programs for children ages 3 to 5 which include 
10 a parent
education component. A public school district 
11 which receives grants under
this subsection may 
12 subcontract with other entities that are eligible to 
13 conduct a preschool educational
program. These grants must 
14 be used to supplement, not supplant, funds received from 
15 any other source.


16  (2) (Blank).


17  (3) Any teacher of preschool children in the program 
18 authorized by this
subsection shall hold an early childhood 
19 teaching certificate.


20  (4) (Blank).


21  (4.5) The State Board of Education shall provide the 
22 primary source of
funding through appropriations for the 
23 program.
Such funds shall be distributed to achieve a goal 
24 of "Preschool for All Children" for the benefit
of all 
25 children whose families choose to participate in the 
26 program. Based on available appropriations, newly funded 
 
 
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1 programs shall be selected through a process giving first 
2 priority to qualified programs serving primarily at-risk 
3 children and second priority to qualified programs serving 
4 primarily children with a family income of less than 4 
5 times the poverty guidelines updated periodically in the 
6 Federal Register by the U.S. Department of Health and Human 
7 Services under the authority of 42 U.S.C. 9902(2). For 
8 purposes of this paragraph (4.5), at-risk children are 
9 those who because of their home and community environment 
10 are subject
to such language, cultural, economic and like 
11 disadvantages to cause them to have
been determined as a 
12 result of screening procedures to be at risk of
academic 
13 failure. Such screening procedures shall be based on 
14 criteria
established by the State Board of Education.
15  Except as otherwise provided in this paragraph (4.5), 
16 grantees under the program must enter into a memorandum of 
17 understanding with the appropriate local Head Start 
18 agency. This memorandum must be entered into no later than 
19 3 months after the award of a grantee's grant under the 
20 program, except that, in the case of the 2009-2010 program 
21 year, the memorandum must be entered into no later than the 
22 deadline set by the State Board of Education for 
23 applications to participate in the program in fiscal year 
24 2011, and must address collaboration between the grantee's 
25 program and the local Head Start agency on certain issues, 
26 which shall include without limitation the following:
 
 
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1   (A) educational activities, curricular objectives, 
2 and instruction;
3   (B) public information dissemination and access to 
4 programs for families contacting programs;
5   (C) service areas;
6   (D) selection priorities for eligible children to 
7 be served by programs;
8   (E) maximizing the impact of federal and State 
9 funding to benefit young children;
10   (F) staff training, including opportunities for 
11 joint staff training;
12   (G) technical assistance;
13   (H) communication and parent outreach for smooth 
14 transitions to kindergarten;
15   (I) provision and use of facilities, 
16 transportation, and other program elements;
17   (J) facilitating each program's fulfillment of its 
18 statutory and regulatory requirements;
19   (K) improving local planning and collaboration; 
20 and
21   (L) providing comprehensive services for the 
22 neediest Illinois children and families.
23 If the appropriate local Head Start agency is unable or 
24 unwilling to enter into a memorandum of understanding as 
25 required under this paragraph (4.5), the memorandum of 
26 understanding requirement shall not apply and the grantee 
 
 
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1 under the program must notify the State Board of Education 
2 in writing of the Head Start agency's inability or 
3 unwillingness. The State Board of Education shall compile 
4 all such written notices and make them available to the 
5 public. 

6  (5) The State Board of Education shall develop and 
7 provide
evaluation tools, including tests, that school 
8 districts and other eligible entities may use to
evaluate 
9 children for school readiness prior to age 5. The State 
10 Board of
Education shall require school districts and other 
11 eligible entities
to obtain consent from the parents
or 
12 guardians of children before any evaluations are 
13 conducted. The State
Board of Education shall encourage 
14 local school districts and other eligible entities to 
15 evaluate the
population of preschool children in their 
16 communities and provide preschool
programs, pursuant to 
17 this subsection, where appropriate.


18  (6) The State Board of Education shall report to the 
19 General Assembly by November 1, 2010
and every
3 years 
20 thereafter on the results and progress of
students who were 
21 enrolled in preschool educational programs, including an

22 assessment of which programs have been most successful in 
23 promoting
academic excellence and alleviating academic 
24 failure. The State Board of
Education shall assess the 
25 academic progress of all students who have been
enrolled in 
26 preschool educational programs.

 
 
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1  On or before November 1 of each fiscal year in which 
2 the General Assembly provides funding for new programs 
3 under paragraph (4.5) of this Section, the State Board of 
4 Education shall report to the General Assembly on what 
5 percentage of new funding was provided to programs serving 
6 primarily at-risk children, what percentage of new funding 
7 was provided to programs serving primarily children with a 
8 family income of less than 4 times the federal poverty 
9 level, and what percentage of new funding was provided to 
10 other programs. 
11  (7) Grantees receiving State funds under this 
12 subsection (a) for preschool educational programs shall 
13 prohibit expulsions and suspensions of children from birth 
14 through preschool due to evidence that these practices are 
15 linked to poor child outcomes and are employed 
16 inconsistently across racial and gender groups. The goal of 
17 any disciplinary action by the grantee shall always be the 
18 well-being of the child and classroom. Planned transitions 
19 to settings able to better meet a child's needs are not 
20 considered expulsion under this paragraph (7). The grantee 
21 shall take documented steps to ensure that a child who 
22 exhibits persistent and serious challenging behaviors can 
23 participate safely in the program. Documentation must 
24 include observations of initial and ongoing challenging 
25 behaviors, strategies for remediation and intervention 
26 plans to address the behaviors, and communication with and 
 
 
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1 participation of the family in such planning and 
2 decision-making.
3   (A) Before transitioning a child due to persistent 
4 and serious challenging behaviors, the grantee shall 
5 utilize a range of community resources, such as access 
6 to developmental screenings, referrals to programs and 
7 services administered by a local educational agency 
8 under Parts B and C of the federal Individuals with 
9 Disabilities Education Act, and consultation with an 
10 infant and early childhood mental health professional 
11 and the child's health care provider.
12   (B) When there is documented evidence that all 
13 available interventions and supports recommended by a 
14 qualified professional have been exhausted and it has 
15 been determined that transitioning a child to another 
16 program is necessary for the well-being of the child or 
17 his or her peers, with parental permission, both the 
18 current and pending programs shall create a transition 
19 plan designed to ensure continuity of services and the 
20 comprehensive development of the child. Families must 
21 be engaged at all levels of the process, and 
22 communication shall occur in a culturally and 
23 linguistically competent manner.
24   (C) Temporary suspension measures may be used only 
25 as a last resort in extraordinary circumstances when 
26 there is a determination of a serious safety threat, 
 
 
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1 based on actual risks and objective evidence, that 
2 cannot otherwise be reduced or eliminated by the 
3 provision of reasonable program modifications. Any 
4 temporary suspension shall trigger the use of 
5 community resources as detailed in subdivision (A) of 
6 this paragraph (7).
7   (D) Exclusionary discipline practices resulting 
8 from a child's behavior that removes the child from 
9 activities must be documented and rarely used.
10   (E) Nothing in this paragraph (7) shall preclude a 
11 parent's right to voluntarily withdraw his or her child 
12 from an early learning program. Grantees shall request 
13 a written statement from the parent stating the reason 
14 for his or her decision to withdraw his or her child.
15   (F) Grantees may utilize and State agencies shall 
16 make available training, technical support, and 
17 professional development resources to improve the 
18 ability of teachers, administrators, program 
19 directors, and other staff to promote social-emotional 
20 development and behavioral health, address challenging 
21 behaviors, and understand trauma and trauma-informed 
22 care, cultural competence, family engagement with 
23 diverse populations, the impact of inherent bias, and 
24 the use of reflective practice techniques. Support 
25 shall include the availability of resources to 
26 contract with an infant and early childhood mental 
 
 
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1 health consultant.
2   (G) Programs shall annually report to the State 
3 agency or agencies from which they receive early 
4 childhood funding all of the following data for 
5 children ages 0 to 5 who are served by the program:
6    (i) Number of planned transitions to another 
7 program due to child behavior, by child's race, 
8 gender, disability, and language, as well as by 
9 teacher/provider, class group/size, teacher-child 
10 ratio, length of day in the program, and 
11 teacher-child racial/linguistic match.
12    (ii) Number of temporary suspensions due to 
13 extraordinary circumstances under subdivision (C) 
14 of this paragraph (7), by child's race, gender, 
15 disability, and language, as well as by 
16 teacher/provider, class group/size, teacher-child 
17 ratio, length of day in the program, and 
18 teacher-child racial/linguistic match.
19    (iii) Number of children leaving the program 
20 and the reasons for leaving.
21    (iv) Number and types of exclusionary 
22 practices used by the program due to child 
23 behavior, by child's race, gender, disability, and 
24 language, as well as by teacher/provider, class 
25 group/size, teacher-child ratio, length of day in 
26 the program, and teacher-child racial/linguistic 
 
 
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1 match.
2    (v) Whether the program has access to an infant 
3 and early childhood mental health consultant and 
4 usage of the consultant, including the number and 
5 hours of consultant contact with program leaders, 
6 staff, and families.
7 (b) (Blank).

8(Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09; 
996-944, eff. 6-25-10; 96-948, eff. 6-25-10.)





10 (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)



11 Sec. 2-3.71a. Grants for early childhood parental training 
12programs. The State Board of Education shall implement and 
13administer a grant
program consisting of
grants to public 
14school districts and other eligible entities, as defined by the 
15State Board of Education, to conduct early childhood parental 
16training programs for the parents of
children in the period of 
17life from
birth to kindergarten. A public
school district that 
18receives
grants under this Section may contract with
other 
19eligible entities to conduct an early childhood parental 
20training program.
These grants must be used to supplement, not 
21supplant, funds received from any other source. A school board 
22or other eligible entity
shall employ appropriately qualified 
23personnel for its early
childhood parental training program, 
24including but not limited to certified
teachers, counselors, 
25psychiatrists, psychologists and social workers.

 
 
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1 (a) As used in this Section, "parental training" means and 
2includes
instruction in the following:

3  (1) Child growth and development, including prenatal 
4 development.

5  (2) Childbirth and child care.

6  (3) Family structure, function and management.

7  (4) Prenatal and postnatal care for mothers and 
8 infants.

9  (5) Prevention of child abuse.

10  (6) The physical, mental, emotional, social, economic 
11 and psychological
aspects of interpersonal and family 
12 relationships.

13  (7) Parenting skill development.

14 The programs shall include activities that require 
15substantial
participation and interaction between parent and 
16child.

17 (b) The Board shall annually award funds through a grant 
18approval process established by the State Board of Education,

19providing that an annual appropriation is made for this purpose 
20from State,
federal or private funds. Nothing in this Section 
21shall preclude school
districts from applying for or accepting 
22private funds to establish and
implement programs.

23 (c) The State Board of Education shall assist those 
24districts and other eligible entities offering
early childhood 
25parental training programs, upon request, in developing 
26instructional
materials, training teachers and staff, and 
 
 
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1establishing appropriate time
allotments for each of the areas 
2included in such instruction.

3 (d) School districts and other eligible entities may offer 
4early childhood parental training courses during that
period of 
5the day which is not part of the regular school day. Residents

6of the community may enroll in such courses. The school board 
7or other eligible entity may
establish fees and collect such 
8charges as may be necessary for attendance
at such courses in 
9an amount not to exceed the per capita cost of the
operation 
10thereof, except that the board or other eligible entity may 
11waive all or part of such
charges if it determines that the 
12parent is indigent or that the
educational needs of the parent 
13require his or her attendance at such courses.

14 (e) Parents who participate in early childhood parental 
15training
programs under this Section may be eligible for 
16reasonable reimbursement
of any incidental transportation and 
17child care expenses from the school
district receiving funds 
18pursuant to this Section.

19 (f) Districts and other eligible entities receiving
grants 
20pursuant to this Section shall
coordinate programs created 
21under this
Section with other preschool educational programs, 
22including "at-risk"
preschool programs, special and vocational 
23education, and related
services provided by other governmental 
24agencies and not-for-profit agencies.

25 (g) The State Board of Education shall report to the 
26General Assembly
by July 1, 1991, on the results of the 
 
 
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1programs funded pursuant to this
Section and whether a need 
2continues
for such programs.

3 (h) After July 1, 2006, any parental training services 
4funded pursuant to this Section on the effective date of this 
5amendatory Act of the 94th General Assembly shall continue to 
6be funded pursuant to this Section, subject to appropriation 
7and the meeting of program standards. Any additional parental 
8training services must be funded, subject to appropriation, 
9through preschool education grants pursuant to subdivision (4) 
10of subsection (a) of Section 2-3.71 of this Code for families 
11with children ages 3 to 5 and through prevention initiative 
12grants pursuant to subsection (b) of Section 2-3.89 of this 
13Code for expecting families and those with children from birth 
14to 3 years of age.

15 (i) Grantees under this Section are subject to the 
16requirements under paragraph (7) of subsection (a) of Section 
172-3.71 of this Code.
18(Source: P.A. 94-506, eff. 8-8-05.)





19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



20 (Text of Section before amendment by P.A. 99-456)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school 
22searches. 

23 (a) To expel pupils guilty of gross disobedience or 
24misconduct, including gross disobedience or misconduct 
25perpetuated by electronic means, and
no action shall lie 
 
 
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1against them for such expulsion. Expulsion shall
take place 
2only after the parents have been requested to appear at a

3meeting of the board, or with a hearing officer appointed by 
4it, to
discuss their child's behavior. Such request shall be 
5made by registered
or certified mail and shall state the time, 
6place and purpose of the
meeting. The board, or a hearing 
7officer appointed by it, at such
meeting shall state the 
8reasons for dismissal and the date on which the
expulsion is to 
9become effective. If a hearing officer is appointed by
the 
10board he shall report to the board a written summary of the 
11evidence
heard at the meeting and the board may take such 
12action thereon as it
finds appropriate. An expelled pupil may 
13be immediately transferred to an alternative program in the 
14manner provided in Article 13A or 13B of this Code. A pupil 
15must not be denied transfer because of the expulsion, except in 
16cases in which such transfer is deemed to cause a threat to the 
17safety of students or staff in the alternative program.

18 (b) To suspend or by policy to authorize the superintendent 
19of
the district or the principal, assistant principal, or dean 
20of students
of any school to suspend pupils guilty of gross 
21disobedience or misconduct, or
to suspend pupils guilty of 
22gross disobedience or misconduct on the school bus
from riding 
23the school bus, and no action
shall lie against them for such 
24suspension. The board may by policy
authorize the 
25superintendent of the district or the principal, assistant

26principal, or dean of students of any
school to suspend pupils 
 
 
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1guilty of such acts for a period not to exceed
10 school days. 
2If a pupil is suspended due to gross disobedience or misconduct

3on a school bus, the board may suspend the pupil in excess of 
410
school
days for safety reasons. Any suspension shall be 
5reported immediately to the
parents or guardian of such pupil 
6along with a full statement of the
reasons for such suspension 
7and a notice of their right to a review. The school board must 
8be given a summary of the notice, including the reason for the 
9suspension and the suspension length. Upon request of the

10parents or guardian the school board or a hearing officer 
11appointed by
it shall review such action of the superintendent 
12or principal, assistant
principal, or dean of students. At such

13review the parents or guardian of the pupil may appear and 
14discuss the
suspension with the board or its hearing officer. 
15If a hearing officer
is appointed by the board he shall report 
16to the board a written summary
of the evidence heard at the 
17meeting. After its hearing or upon receipt
of the written 
18report of its hearing officer, the board may take such
action 
19as it finds appropriate. A pupil who is suspended in excess of 
2020 school days may be immediately transferred to an alternative 
21program in the manner provided in Article 13A or 13B of this 
22Code. A pupil must not be denied transfer because of the 
23suspension, except in cases in which such transfer is deemed to 
24cause a threat to the safety of students or staff in the 
25alternative program.

26 (c) The Department of Human Services
shall be invited to 
 
 
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1send a representative to consult with the board at
such meeting 
2whenever there is evidence that mental illness may be the
cause 
3for expulsion or suspension.

4 (d) The board may expel a student for a definite period of 
5time not to
exceed 2 calendar years, as determined on a case by 
6case basis.
A student who
is determined to have brought one of 
7the following objects to school, any school-sponsored activity

8or event, or any activity or event that bears a reasonable 
9relationship to school shall be expelled for a period of not 
10less than
one year:
11  (1) A firearm. For the purposes of this Section, 
12 "firearm" means any gun, rifle, shotgun, weapon as defined 
13 by Section 921 of Title 18 of the United States Code, 
14 firearm as defined in Section 1.1 of the Firearm Owners 
15 Identification Card Act, or firearm as defined in Section 
16 24-1 of the Criminal Code of 2012. The expulsion period 
17 under this subdivision (1) may be modified by the 
18 superintendent, and the superintendent's determination may 
19 be modified by the board on a case-by-case basis.
20  (2) A knife, brass knuckles or other knuckle weapon 
21 regardless of its composition, a billy club, or any other 
22 object if used or attempted to be used to cause bodily 
23 harm, including "look alikes" of any firearm as defined in 
24 subdivision (1) of this subsection (d). The expulsion 
25 requirement under this subdivision (2) may be modified by 
26 the superintendent, and the superintendent's determination 
 
 
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1 may be modified by the board on a case-by-case basis. 
2Expulsion
or suspension
shall be construed in a
manner 
3consistent with the Federal Individuals with Disabilities 
4Education
Act. A student who is subject to suspension or 
5expulsion as provided in this
Section may be eligible for a 
6transfer to an alternative school program in
accordance with 
7Article 13A of the School Code. The provisions of this

8subsection (d) apply in all school districts,
including special 
9charter districts and districts organized under Article 34.

10 (d-5) The board may suspend or by regulation
authorize the 
11superintendent of the district or the principal, assistant

12principal, or dean of students of any
school to suspend a 
13student for a period not to exceed
10 school days or may expel 
14a student for a definite period of time not to
exceed 2 
15calendar years, as determined on a case by case basis, if (i) 
16that student has been determined to have made an explicit 
17threat on an Internet website against a school employee, a 
18student, or any school-related personnel, (ii) the Internet 
19website through which the threat was made is a site that was 
20accessible within the school at the time the threat was made or 
21was available to third parties who worked or studied within the 
22school grounds at the time the threat was made, and (iii) the 
23threat could be reasonably interpreted as threatening to the 
24safety and security of the threatened individual because of his 
25or her duties or employment status or status as a student 
26inside the school. The provisions of this
subsection (d-5) 
 
 
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1apply in all school districts,
including special charter 
2districts and districts organized under Article 34 of this 
3Code.

4 (e) To maintain order and security in the schools, school 
5authorities may
inspect and search places and areas such as 
6lockers, desks, parking lots, and
other school property and 
7equipment owned or controlled by the school, as well
as 
8personal effects left in those places and areas by students, 
9without notice
to or the consent of the student, and without a 
10search warrant. As a matter of
public policy, the General 
11Assembly finds that students have no reasonable
expectation of 
12privacy in these places and areas or in their personal effects

13left in these places and areas. School authorities may request 
14the assistance
of law enforcement officials for the purpose of 
15conducting inspections and
searches of lockers, desks, parking 
16lots, and other school property and
equipment owned or 
17controlled by the school for illegal drugs, weapons, or
other

18illegal or dangerous substances or materials, including 
19searches conducted
through the use of specially trained dogs. 
20If a search conducted in accordance
with this Section produces 
21evidence that the student has violated or is
violating either 
22the law, local ordinance, or the school's policies or rules,

23such evidence may be seized by school authorities, and 
24disciplinary action may
be taken. School authorities may also 
25turn over such evidence to law
enforcement authorities. The 
26provisions of this subsection (e) apply in all
school 
 
 
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1districts, including special charter districts and districts 
2organized
under Article 34.

3 (f) Suspension or expulsion may include suspension or 
4expulsion from
school and all school activities and a 
5prohibition from being present on school
grounds.

6 (g) A school district may adopt a policy providing that if 
7a student
is suspended or expelled for any reason from any 
8public or private school
in this or any other state, the 
9student must complete the entire term of
the suspension or 
10expulsion in an alternative school program under Article 13A of 
11this Code or an alternative learning opportunities program 
12under Article 13B of this Code before being admitted into the 
13school
district if there is no threat to the safety of students 
14or staff in the alternative program. This subsection (g) 
15applies to
all school districts, including special charter 
16districts and districts
organized under Article 34 of this 
17Code.

18 (k) The expulsion or suspension of children enrolled in 
19preschool programs is subject to the requirements under 
20paragraph (7) of subsection (a) of Section 2-3.71 of this Code.
21(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; 
2297-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; 
2397-1150, eff. 1-25-13.)

24 (Text of Section after amendment by P.A. 99-456)
25 Sec. 10-22.6. Suspension or expulsion of pupils; school 
 
 
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1searches. 

2 (a) To expel pupils guilty of gross disobedience or 
3misconduct, including gross disobedience or misconduct 
4perpetuated by electronic means, pursuant to subsection (b-20) 
5of this Section, and
no action shall lie against them for such 
6expulsion. Expulsion shall
take place only after the parents 
7have been requested to appear at a
meeting of the board, or 
8with a hearing officer appointed by it, to
discuss their 
9child's behavior. Such request shall be made by registered
or 
10certified mail and shall state the time, place and purpose of 
11the
meeting. The board, or a hearing officer appointed by it, 
12at such
meeting shall state the reasons for dismissal and the 
13date on which the
expulsion is to become effective. If a 
14hearing officer is appointed by
the board he shall report to 
15the board a written summary of the evidence
heard at the 
16meeting and the board may take such action thereon as it
finds 
17appropriate. If the board acts to expel a pupil, the written 
18expulsion decision shall detail the specific reasons why 
19removing the pupil from the learning environment is in the best 
20interest of the school. The expulsion decision shall also 
21include a rationale as to the specific duration of the 
22expulsion. An expelled pupil may be immediately transferred to 
23an alternative program in the manner provided in Article 13A or 
2413B of this Code. A pupil must not be denied transfer because 
25of the expulsion, except in cases in which such transfer is 
26deemed to cause a threat to the safety of students or staff in 
 
 
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1the alternative program.

2 (b) To suspend or by policy to authorize the superintendent 
3of
the district or the principal, assistant principal, or dean 
4of students
of any school to suspend pupils guilty of gross 
5disobedience or misconduct, or
to suspend pupils guilty of 
6gross disobedience or misconduct on the school bus
from riding 
7the school bus, pursuant to subsections (b-15) and (b-20) of 
8this Section, and no action
shall lie against them for such 
9suspension. The board may by policy
authorize the 
10superintendent of the district or the principal, assistant

11principal, or dean of students of any
school to suspend pupils 
12guilty of such acts for a period not to exceed
10 school days. 
13If a pupil is suspended due to gross disobedience or misconduct

14on a school bus, the board may suspend the pupil in excess of 
1510
school
days for safety reasons.
16  Any suspension shall be reported immediately to the

17parents or guardian of a pupil along with a full statement of 
18the
reasons for such suspension and a notice of their right to 
19a review. The school board must be given a summary of the 
20notice, including the reason for the suspension and the 
21suspension length. Upon request of the
parents or guardian the 
22school board or a hearing officer appointed by
it shall review 
23such action of the superintendent or principal, assistant

24principal, or dean of students. At such
review the parents or 
25guardian of the pupil may appear and discuss the
suspension 
26with the board or its hearing officer. If a hearing officer
is 
 
 
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1appointed by the board he shall report to the board a written 
2summary
of the evidence heard at the meeting. After its hearing 
3or upon receipt
of the written report of its hearing officer, 
4the board may take such
action as it finds appropriate. If a 
5student is suspended pursuant to this subsection (b), the board 
6shall, in the written suspension decision, detail the specific 
7act of gross disobedience or misconduct resulting in the 
8decision to suspend. The suspension decision shall also include 
9a rationale as to the specific duration of the suspension. A 
10pupil who is suspended in excess of 20 school days may be 
11immediately transferred to an alternative program in the manner 
12provided in Article 13A or 13B of this Code. A pupil must not 
13be denied transfer because of the suspension, except in cases 
14in which such transfer is deemed to cause a threat to the 
15safety of students or staff in the alternative program.

16 (b-5) Among the many possible disciplinary interventions 
17and consequences available to school officials, school 
18exclusions, such as out-of-school suspensions and expulsions, 
19are the most serious. School officials shall limit the number 
20and duration of expulsions and suspensions to the greatest 
21extent practicable, and it is recommended that they use them 
22only for legitimate educational purposes. To ensure that 
23students are not excluded from school unnecessarily, it is 
24recommended that school officials consider forms of 
25non-exclusionary discipline prior to using out-of-school 
26suspensions or expulsions.
 
 
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1 (b-10) Unless otherwise required by federal law or this 
2Code, school boards may not institute zero-tolerance policies 
3by which school administrators are required to suspend or expel 
4students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be 
6used only if the student's continuing presence in school would 
7pose a threat to school safety or a disruption to other 
8students' learning opportunities. For purposes of this 
9subsection (b-15), "threat to school safety or a disruption to 
10other students' learning opportunities" shall be determined on 
11a case-by-case basis by the school board or its designee. 
12School officials shall make all reasonable efforts to resolve 
13such threats, address such disruptions, and minimize the length 
14of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code, 
16out-of-school suspensions of longer than 3 days, expulsions, 
17and disciplinary removals to alternative schools may be used 
18only if other appropriate and available behavioral and 
19disciplinary interventions have been exhausted and the 
20student's continuing presence in school would either (i) pose a

21threat to the safety of other students, staff, or members of

22the school community or (ii) substantially disrupt, impede, or

23interfere with the operation of the school. For purposes of 
24this subsection (b-20), "threat to the safety of other 
25students, staff, or members of the school community" and 
26"substantially disrupt, impede, or interfere with the 
 
 
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1operation of the school" shall be determined on a case-by-case 
2basis by school officials. For purposes of this subsection 
3(b-20), the determination of whether "appropriate and 
4available behavioral and disciplinary interventions have been 
5exhausted" shall be made by school officials. School officials 
6shall make all reasonable efforts to resolve such threats, 
7address such disruptions, and minimize the length of student 
8exclusions to the greatest extent practicable. Within the 
9suspension decision described in subsection (b) of this Section 
10or the expulsion decision described in subsection (a) of this 
11Section, it shall be documented whether other interventions 
12were attempted or whether it was determined that there were no 
13other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer 
15than 4 school days shall be provided appropriate and available 
16support services during the period of their suspension. For 
17purposes of this subsection (b-25), "appropriate and available 
18support services" shall be determined by school authorities. 
19Within the suspension decision described in subsection (b) of 
20this Section, it shall be documented whether such services are 
21to be provided or whether it was determined that there are no 
22such appropriate and available services.
23 A school district may refer students who are expelled to 
24appropriate and available support services.
25 A school district shall create a policy to facilitate the 
26re-engagement of students who are suspended out-of-school, 
 
 
09900SB0237sam001- 27 -LRB099 03151 NHT 47270 a


1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which 
3suspended pupils, including those pupils suspended from the 
4school bus who do not have alternate transportation to school, 
5shall have the opportunity to make up work for equivalent 
6academic credit. It shall be the responsibility of a pupil's 
7parent or guardian to notify school officials that a pupil 
8suspended from the school bus does not have alternate 
9transportation to school. 
10 (c) The Department of Human Services
shall be invited to 
11send a representative to consult with the board at
such meeting 
12whenever there is evidence that mental illness may be the
cause 
13for expulsion or suspension.

14 (c-5) School districts shall make reasonable efforts to 
15provide ongoing professional development to teachers, 
16administrators, school board members, school resource 
17officers, and staff on the adverse consequences of school 
18exclusion and justice-system involvement, effective classroom 
19management strategies, culturally responsive discipline, and 
20developmentally appropriate disciplinary methods that promote 
21positive and healthy school climates. 
22 (d) The board may expel a student for a definite period of 
23time not to
exceed 2 calendar years, as determined on a case by 
24case basis.
A student who
is determined to have brought one of 
25the following objects to school, any school-sponsored activity

26or event, or any activity or event that bears a reasonable 
 
 
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1relationship to school shall be expelled for a period of not 
2less than
one year:
3  (1) A firearm. For the purposes of this Section, 
4 "firearm" means any gun, rifle, shotgun, weapon as defined 
5 by Section 921 of Title 18 of the United States Code, 
6 firearm as defined in Section 1.1 of the Firearm Owners 
7 Identification Card Act, or firearm as defined in Section 
8 24-1 of the Criminal Code of 2012. The expulsion period 
9 under this subdivision (1) may be modified by the 
10 superintendent, and the superintendent's determination may 
11 be modified by the board on a case-by-case basis.
12  (2) A knife, brass knuckles or other knuckle weapon 
13 regardless of its composition, a billy club, or any other 
14 object if used or attempted to be used to cause bodily 
15 harm, including "look alikes" of any firearm as defined in 
16 subdivision (1) of this subsection (d). The expulsion 
17 requirement under this subdivision (2) may be modified by 
18 the superintendent, and the superintendent's determination 
19 may be modified by the board on a case-by-case basis. 
20Expulsion
or suspension
shall be construed in a
manner 
21consistent with the Federal Individuals with Disabilities 
22Education
Act. A student who is subject to suspension or 
23expulsion as provided in this
Section may be eligible for a 
24transfer to an alternative school program in
accordance with 
25Article 13A of the School Code.

26 (d-5) The board may suspend or by regulation
authorize the 
 
 
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1superintendent of the district or the principal, assistant

2principal, or dean of students of any
school to suspend a 
3student for a period not to exceed
10 school days or may expel 
4a student for a definite period of time not to
exceed 2 
5calendar years, as determined on a case by case basis, if (i) 
6that student has been determined to have made an explicit 
7threat on an Internet website against a school employee, a 
8student, or any school-related personnel, (ii) the Internet 
9website through which the threat was made is a site that was 
10accessible within the school at the time the threat was made or 
11was available to third parties who worked or studied within the 
12school grounds at the time the threat was made, and (iii) the 
13threat could be reasonably interpreted as threatening to the 
14safety and security of the threatened individual because of his 
15or her duties or employment status or status as a student 
16inside the school.

17 (e) To maintain order and security in the schools, school 
18authorities may
inspect and search places and areas such as 
19lockers, desks, parking lots, and
other school property and 
20equipment owned or controlled by the school, as well
as 
21personal effects left in those places and areas by students, 
22without notice
to or the consent of the student, and without a 
23search warrant. As a matter of
public policy, the General 
24Assembly finds that students have no reasonable
expectation of 
25privacy in these places and areas or in their personal effects

26left in these places and areas. School authorities may request 
 
 
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1the assistance
of law enforcement officials for the purpose of 
2conducting inspections and
searches of lockers, desks, parking 
3lots, and other school property and
equipment owned or 
4controlled by the school for illegal drugs, weapons, or
other

5illegal or dangerous substances or materials, including 
6searches conducted
through the use of specially trained dogs. 
7If a search conducted in accordance
with this Section produces 
8evidence that the student has violated or is
violating either 
9the law, local ordinance, or the school's policies or rules,

10such evidence may be seized by school authorities, and 
11disciplinary action may
be taken. School authorities may also 
12turn over such evidence to law
enforcement authorities.

13 (f) Suspension or expulsion may include suspension or 
14expulsion from
school and all school activities and a 
15prohibition from being present on school
grounds.

16 (g) A school district may adopt a policy providing that if 
17a student
is suspended or expelled for any reason from any 
18public or private school
in this or any other state, the 
19student must complete the entire term of
the suspension or 
20expulsion in an alternative school program under Article 13A of 
21this Code or an alternative learning opportunities program 
22under Article 13B of this Code before being admitted into the 
23school
district if there is no threat to the safety of students 
24or staff in the alternative program.

25 (h) School officials shall not advise or encourage students 
26to drop out voluntarily due to behavioral or academic 
 
 
09900SB0237sam001- 31 -LRB099 03151 NHT 47270 a


1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a 
3disciplinary consequence, though this shall not preclude 
4requiring a student to provide restitution for lost, stolen, or 
5damaged property.
6 (j) Subsections (a) through (i) of this Section shall apply 
7to elementary and secondary schools, charter schools, special 
8charter districts, and school districts organized under 
9Article 34 of this Code. 
10 (k) The expulsion or suspension of children enrolled in 
11preschool programs is subject to the requirements under 
12paragraph (7) of subsection (a) of Section 2-3.71 of this Code.
13(Source: P.A. 99-456, eff. 9-15-16.)


14 Section 10. The Illinois Public Aid Code is amended by 
15adding Section 9A-11.10 as follows:

16 (305 ILCS 5/9A-11.10 new)
17 Sec. 9A-11.10. Child care limitation on expulsions and 
18suspensions. Consistent with the purposes of this amendatory 
19Act of the 99th General Assembly, any child care provider 
20receiving funds from the child care assistance program under 
21this Code is subject to the requirements under paragraph (7) of 
22subsection (a) of Section 2-3.71 of the School Code when taking 
23actions due to a child's persistent and serious challenging 
24behaviors.


 
 
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1 Section 95. No acceleration or delay. Where this Act makes 
2changes in a statute that is represented in this Act by text 
3that is not yet or no longer in effect (for example, a Section 
4represented by multiple versions), the use of that text does 
5not accelerate or delay the taking effect of (i) the changes 
6made by this Act or (ii) provisions derived from any other 
7Public Act.".